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Frequently Asked Questions
Below are questions that many people ask our lawyers. We have
taken the time to provide answers that may give you some useful
information right away. Note that the information provided here
is general in nature, and should not be relied upon as a recommendation
or endorsement of any particular position or course of action
for you.
For any questions about the use of this web site or the information
it contains, please visit our Web Site Use
Agreement and Privacy Policy.
You will also find more information on these topics in the "Practice
Areas" listings of our site, as well as under the "What
we do" header.
To get specific advice customized to your situation, please call
us at 613-722-1500 or by email
to arrange a consultation with one of our lawyers.
What does a lawyer cost?
Lawyers' fees vary with the type of work performed, and can range
from an hourly rate, to a fixed fee, to a fee that is calculated
in reference to a result achieved.
Disbursements include all of the "out-of-pocket" expenses
associated with a legal matter. These vary widely depending on
the circumstances, but some examples of disbursements include:
- land registration charges
- court filing charges
- incorporation or other registration charges
- travel costs
- other expert fees
- court reporting services
- mediator fees
- business searches (eg. executions, business names, corporate
profiles)
- photocopies, couriers, faxes, etc.
At Mann & Partners, LLP, we strive to deliver excellent work
at a reasonable cost. We are always happy to discuss your legal
costs with you, and to work with you to ensure that you thoroughly
understand and anticipate them.
What is a retainer?
The word "retainer" is used to identify a few different
aspects of the lawyer/client relationship:
- an agreement (usually in writing) to retain a lawyer's services
- an amount of money paid to the lawyer by the client to secure
the lawyer's services
- an amount of money paid to the lawyer "in trust"
by the client to be applied to fees and disbursements as they
arise
Your lawyer will be pleased to discuss any aspect of the lawyer/client
relationship with you in advance.
How do I get a consultation with your firm?
It's a very easy process. Simply call us at 613-722-1500 and
let us know that you would like to consult with someone about
a legal matter. We will ask you a few simple questions and then
put you in touch with one of our staff members. There is no obligation
and your call is confidential - we're here to help.
You can also e-mail us at info@mannlawyers.com.
Please note that e-mail messages are generally not secure and
we therefore cannot assure confidentiality.
What is the maximum amount I can pursue in Small Claims Court?
The maximum amount of a claim in Small Claims Court is currently
$10,000. Any amount claimed by a party in excess of the $10,000
limit would have to be abandoned by such party in order to continue
to proceed with an action in Small Claims Court. Once this excess
amount is abandoned, the party would be barred from attempting
to recover the abandoned sum.
I was just fired. Should I sign this "release" they
gave me?
Being terminated from your job is one of the most stressful situations
that you will ever face, and the most important thing to remember
is that you should never let yourself be pressured into signing
something before you understand all of your rights and options.
We strongly recommend that you give us a call before you sign
anything, to schedule an appointment to review your employment
contract, the offer, and the release with us. We can quickly and
inexpensively review your situation, and advise you as to your
options.
You may be entitled to more money, and if you sign a "release",
you may lose significant rights.
You should also be aware that if you make a complaint to the
Ontario Ministry of Labour, their ability to help you is severely
limited by statute, and you may lose the right to make other claims
by pursuing such a complaint.
I have an employee who just isn't working out. Can I let him
go?
An employer can only terminate an employee without notice or pay
in lieu of notice if the employer can establish that it has "just
cause".
Employers should be aware that the Courts have set a high standard
regarding the conduct and steps necessary to prove "just
cause" to fire an employee. Employers who have improperly
alleged just cause for dismissal have been penalized by the Court
in wrongful dismissal lawsuits.
If just cause cannot be established, an employer can generally
terminate the employment of any employee as long as it provides
"reasonable notice" of the termination or pay in lieu
of notice.
Terminations are a difficult but sometimes necessary reality of
doing business. Before terminating anyone's employment, we recommend
that you speak to one of our employment lawyers about it. There
are a number of legal issues to consider, including whether there
are sufficient circumstances to prove just cause, the effect of
any employment agreement, and the amount of notice of termination
or pay in lieu of notice required by the Employment Standards
Act, 2000 and the common law.
Our employment lawyers can help you to understand your legal options
and obligations when making difficult business decisions regarding
termination of employment. We are also experienced and effective
negotiators, and when the deal is done we get the paperwork done
right.
Do I need a survey to buy a home?
In many cases surveys are no longer required in the purchase of
a home, depending on the property which you are purchasing and
the bank or mortgage company lending you the money for the property.
For many properties, instead of a survey, it is possible to purchase
title insurance to protect you and your bank from any problems
which a survey might have revealed. The cost of the insurance
is much cheaper than that of a survey.
However, although it is not strictly required, a survey is still
advisable in order for the purchaser to be fully informed as to
the location of the boundaries, the reliability of any fencing,
encroachments of driveways onto neighbouring properties, etc.
What is land transfer tax, and how much is it?
Land Transfer Tax is a tax payable on all registered conveyances
of land in the Province of Ontario with certain exceptions.
For instance, at the present time, a purchaser who has never owned
a home anywhere in the world before and who purchases a new home
from a builder is exempt from the tax to a maximum of $2,000.00.
Transfers between spouses and between same-sex partners for "natural
love and affection" are also exempt from the imposition of
the tax.
The rate of tax is graduated - meaning that the more expensive
the home, the more tax you will pay, unless you fit within an
exemption.
The current tax rate for a single family home is:
- 0.5% of the first $55,000.00
- 1% of the next $195,000.00
- 1.5% of the portion between $250,000.00- $400,000.00
- 2% on anything in excess of $400,000.00.
At the current time (January/2008), the Provincial Government
is considering extending the first time home buyers exemption
to first time home buyers of resale homes. When passed into
law, all first time home buyers of resale homes, who signed
their Agreement of Purchase and Sale after December 13th, 2007,
will be eligible for a refund up to a maximum of $2,000.00.
First time home buyers will need to apply for the rebate.
For more information, see:
www.rev.gov.on.ca/english/notices/ltt/0207.html
Or for the application form, see:
www.rev.gov.on.ca/english/forms/ltt/pdf/0300.pdf
Do I need to be present to complete my real estate transaction?
There are many documents to be signed on closing which require
your original signature and therefore can not be completed by
fax.
If you know you are going to be away when your transaction closes
you should advise your solicitor. He or she may recommend that
you complete a limited power of attorney which allows someone
you appoint to sign closing documents on your behalf.
What does being a joint tenant mean?
"Joint Tenants" is one of the ways in which individuals
may own title to real property.
It means that the survivor of the joint tenants has the right
to have the deceased's name deleted from title and to be registered
as the sole owner of the property. This process is called a survivorship
application.
It is exempt from Land Transfer Tax and is not considered part
of the deceased's assets under the terms of a will or on an intestacy.
It is often an effective estate planning tool but must be used
with caution to avoid unexpected tax implications.
What happens if I die without a will?
Dying without a will is called dying "intestate".
Someone, a family member or friend, would perhaps take it upon
themselves to look after your affairs.
This person would need to apply to the Court for a Certificate
of Appointment as an Estate Trustee without a Will. Your assets
would be distributed in accordance with a statutory scheme which
may not be in accordance with your wishes.
Why not just get a 'will kit' instead of a lawyer?
We believe that every client's will must be custom-tailored to
his or her specific needs. You need appropriate advice, and we
are the ones who can provide it.
So called "will kits" are not tailored to your personal
needs and situation, as they are only set up for generic and common
situations.
Laws pertaining to wills and estate planning instruments vary
and change, both with time and geographic location. The kits carry
long disclaimers to this effect.
As legal professionals, we are able to provide timely, current,
and specific guidance and assistance for each client. We highly
recommend that you contact us for more information, before you
purchase or use these kits.
It will be our pleasure to assist you in your planning and give
you some peace of mind that your wills and estate planning has
been taken care of properly.
What is probate?
Probate is a court application to prove the validity of the last
will of the deceased in order that the Estate Trustee (formerly
the executor/executrix) may show s/he has the authority to transfer
the deceased's assets in accordance with the terms of the deceased's
last will.
Probate is now referred to as a Certificate of Appointment of
Estate Trustee with a Will.
What is per stirpes? And what does
per capita have to do with my will?
To the greatest extent possible, we try to use plain language
in drafting your documents.
However, when it comes to drafting wills, there are certain terms
which have such deep-rooted legal meanings which have been long
accepted and judicially determined that it does not make sense
to use anything else.
Per stirpes
This Latin phrase is often used to refer to distribution of the
estate to descendants. It means 'to divide by root or by stock'.
It means that those closest to the deceased by degree will take
first but if one of those descendants is deceased at the relevant
time and has descendants, then those descendants will stand in
place of their deceased parent and inherit the parent's share
of the estate.
For example, Mildred has three children Anne, Brenda and Charles.
Anne has two children, Steve and Tom. Brenda has one child, Ursula.
Charles has no children.
Mildred's will contains a clause which states, "my Trustees
shall divide my estate among my issue alive at my death in equal
shares per stirpes"
If all three children (Anne, Brenda and Charles) are alive at
Mildred's death, then they will each receive one third of the
estate. If Anne has predeceased her mother, then her children
Steve and Tom will divide one-third between them and Brenda and
Charles will each receive one-third.
Per capita
In contrast, per capita means 'to
divide by heads'without any reference to what level of descendant
the beneficiary is to the deceased.
If Mildred's will had stated "to divide the residue of my
estate among my grandchildren alive at the date of my death in
equal shares per capita" then Steve, Tom and Ursula would
each receive one-third of the estate.
Who handles my property when I die?
The person you have appointed as your attorney for property in
your Power of Attorney only has authority to act while you are
living.
The estate trustee appointed under the terms of your will administers
your estate upon your death. It is permissible to appoint the
same person to fulfill both roles. Often, though, two different
people will be selected to ensure a "check and balance".
Is 2 years of living together the same as being married?
Absolutely not. The only statutory rights unmarried cohabitants
acquire is a right to seek spousal support (a.k.a. "alimony"),
and that right only arises after three years of continuous cohabitation.
"Common law married" is a misnomer and leads to confusion
about a person's real family law rights. After a longer cohabitation,
people who have contributed to the acquisition of property accumulated
in a relationship, but without legal title to that property, might
have some ability to make claims for compensation or partial ownership
of property, but this is not automatic and can be expensive and
complicated to pursue at court. You should consider obtaining
specific family law advice if you are considering entering or
leaving an unmarried cohabitation situation.
Are there still differences between same sex partners and married
spouses?
The short answer to the question is "Yes".
Same-sex spouses are treated the same in law as others in the
same circumstances. So a married opposite-sex couple and a married
same-sex couple are subject to the same legal rights and obligations.
In our experience however we find that most people have significant
misconceptions about the differences between between the rights
and obligations when married and when unmarried and cohabiting.
For example, there is a formal property division regime in a legal
marriage, whereas there is no statutory property division mechanism
for unmarried couples.
Many people do not fully understand the legal ramifications of
getting married. It is important to explore with a lawyer what
those implications are before tying the knot.
It is also important to explore the possibility of a cohabitation
agreement or marriage contract in order to have more control over
the rules that will govern issues such as support and division
of assets, whether on separation or death of one of the partners.
This is true of people in either same-sex or opposite-sex relationships.
Do I need to get a lawyer for an amicable separation?
A fairly large and complicated set of legal rights and obligations
arise upon the separation of spouses, whether married or cohabiting.
Even if it appears that you and your partner have is all worked
out, important details and legal matters can get brushed over.
Worse, neither you nor your partner may even be aware of them.
Worse still, if no one thinks it is necessary to actually reduce
your agreement to writing, or to get legal advice about the terms
you have agreed to - your "agreements" are actually
quite fragile. It can be very difficult to enforce those agreements
in the future.
A plea of "but we had a deal!" doesn't get you very
far in court if you didn't write it down, or if neither one of
you was actually aware, via advice from a lawyer, what your legal
rights and obligations were at the time of separation.
Your terms may be bang-on what a court would do, or you may be
way out in left-field, either getting an incredibly advantageous
deal or a terrible deal. How will you know?
We recognize that it isn't always cheap to get lawyers in on the
task, but it is ultimately much cheaper than if things later go
awry.
You may even think that you need to avoid lawyers to keep it amicable.
The right lawyers, with experience and the right focus on your
needs can help you.
Take advantage of your ability to communicate now, and make some
formal arrangements that are binding and enforceable. This will
help you to live more happily with the results.
Why should I have a lawyer review a contract for my business?
The implications of terms in a contract are often difficult to
foresee at the time of drafting and signing an agreement. It is
our job to foresee both the implications of various clauses in
a contract, as well as circumstances which might make the contract
inadequately or improperly worded.
This perspective is difficult to have if you are familiar with
contractual language or experienced with the issues that arise
when things go wrong in a business relationship.
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